BentoBox Express Checkout Terms of Service

Effective as of March 12th, 2021

The following terms of service (the “Terms”) describe the terms and conditions applicable to your use of BentoBox’s accelerated checkout functionality (the “Express Checkout”). Express Checkout allows you to save and manage your payment information for use when you checkout on certain BentoBox powered restaurants (each, a “Restaurant”).

These Terms constitute a binding, contractual agreement between you, an individual user (or any entity on behalf of which you are using Express Checkout), and BentoBox CMS, Inc. (“BentoBox,” “we,” or “us”) regarding your use of Express Checkout. By using Express Checkout, you agree to be bound by these Terms. Any new features or tools which are added to the current Checkout Service shall also be subject to these Terms.

THESE TERMS GOVERN YOUR USE OF ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE BY US OR OBTAINED BY YOU AS PART OF EXPRESS CHECKOUT. EVERY TIME YOU USE Express Checkout, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS.

We may at our sole discretion modify these Terms on a going-forward basis. We will post notice of the date of the most recent update above. Your continued use of Express Checkout after the date that the amended Terms are posted here constitutes your agreement to, and acceptance of, the amended Terms.

How Express Checkout Works.
1. When you complete an order with a Restaurant that has enabled Express Checkout (an “Enabled Destination”), you will be asked on the checkout page if you would like to save your information. When you opt-in to save your information with Express Checkout, BentoBox will collect certain personal information from you, such as your name, email address, mobile phone number and delivery address (“Contact Information”); your credit card information and billing address (“Payment Information”); and information related to your order details of meals purchased from Restaurants using Express Checkout (“Order Information”). Together, your Contact Information, Payment Information and Order Information are your “Saved Information.” All Saved Information will be governed by the BentoBox Privacy Policy.
2. If you use Express Checkout on an Enabled Destination, BentoBox will place a cookie on your web browser to recognize you when you return to that Enabled Destination. If you visit an Enabled Destination and you are not recognized by Express Checkout, your Saved Information may be accessible after you enter a verification code sent to you via SMS text message. After you verify your identity, your Saved Information should be accessible via Express Checkout.
3. You may manage your Saved Information in Express Checkout, or the next time you checkout from an Enabled Destination.
4. By agreeing to these Terms, you agree to receive communications from us, including via e-mail and text message. You agree that texts may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your use of Express Checkout. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send.
Role of Express Checkout. Express Checkout does not change your relationship with the Restaurant or with your bank or credit card company, and it does not make BentoBox a party to any transactions you make using Express Checkout. You alone, and not BentoBox, are responsible for the purchases you make using Express Checkout. The Restaurant, and not BentoBox, is responsible for fulfilling orders placed via Express Checkout. BentoBox cannot intervene in any dispute between you and a Restaurant for any transactions processed using Express Checkout.
Term and Termination.
1. These Terms are effective unless and until they are terminated by either you or us. If you want to delete your Saved Information or stop storing information using Express Checkout, please let us know by contacting us at guestprivacy@getbento.com. If you want to change any of your Saved Information, you can do so during your next checkout using Express Checkout.
2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate these Terms at any time without notice to you and accordingly we may terminate your access to Express Checkout or any part thereof. We reserve the right to modify or terminate Express Checkout for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time.
3. If your access to Express Checkout is terminated by you or us, we will delete your Saved Information in accordance with our BentoBox Privacy Policy.
Disclaimer. BENTOBOX PROVIDES Express Checkout “AS IS” AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, BENTOBOX MAKES NO WARRANTY WITH RESPECT TO Express Checkout OR ANY ABILITY OR INABILITY TO ACCESS Express Checkout. NEITHER BENTOBOX NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT CORPORATIONS, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES WILL BE LIABLE, AND YOU AGREE (ON YOUR OWN BEHALF, ON BEHALF OF YOUR SUCCESSORS, HEIRS, AND ASSIGNS, AS WELL AS ON BEHALF OF ANY ORGANIZATION WITH WHICH YOU ARE AFFILIATED) THAT YOU WILL NOT DIRECTLY OR INDIRECTLY SEEK TO HOLD BENTOBOX LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, DAMAGES, COSTS, AND/OR ATTORNEYS’ FEES OF ANY KIND THAT RESULT FROM YOUR USE OF OR INABILITY TO USE Express Checkout.
Indemnification. You agree to protect, indemnify, defend, and hold harmless BentoBox and its affiliates, subsidiaries, parent corporations, officers, directors, agents, and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs, and causes of action of every type and character arising out of or in connection with a claim relating to your use or misuse of Express Checkout.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BENTOBOX, OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT CORPORATIONS, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, USE OF, OR INABILITY TO USE Express Checkout, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BENTOBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT BENTOBOX IS FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE Express Checkout, THEN IN NO EVENT WILL SUCH LIABILITIES EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100).